(SCOTUS) Court to review law limiting insanity defense (Reuters)

[Up2Late]

Court to review law limiting insanity defense

Mon Dec 5, 2005 2:29 PM ET

WASHINGTON (Reuters) - The U.S. Supreme Court said on Monday that it would decide a challenge by a convicted murderer arguing that an Arizona law unconstitutionally limits the use of the insanity defense. His attorney had urged the high court to hear the appeal because the issue affected "a growing number of states that have in the recent past abolished the insanity defense completely or severely limited its application." The attorney said the case presented issues of "national importance."

Eric Clark, who has been diagnosed with paranoid schizophrenia, was convicted of murder for the fatal shooting of a police officer on June 21, 2000, in Flagstaff, Arizona. The shooting occurred after Clark, who was 17 at the time, was stopped by the officer in response to complaints that Clark was driving around a neighborhood in a pickup truck, blaring loud music and disturbing residents.

The trial court found Clark guilty of murder and held that he failed to prove that he was insane at the time of the crime, as required by Arizona law. He was sentenced to life in prison, with eligibility for parole after serving 25 years.

Prosecutors at trial conceded that Clark suffered from mental problems at the time of the crime but offered testimony that he understood right from wrong and therefore was not insane under Arizona law. Clark's attorney, David Goldberg, said in the appeal to the Supreme Court that the Arizona insanity law was unconstitutional because it restricted what evidence can be introduced at trial.

<http://today.reuters.com/news/newsArticle.aspx?type=topNews&storyID=2005-12-05T192906Z_01_YUE570125_RTRUKOC_0_US-COURT-INSANITY.xml>
(more at link above)

[Botany]

1. The SCOTUS will not touch that law because you know who might need it.

[Debau2005]

2. haha

Good point.

[Botany]

4. That is his only way out.

I am stupid & crazy so I started a war that was unneeded and have
cheated and stole my way through life.

[Up2Late]

3. Nah, he would probably use the "Brain Damaged" defense.

I'm sure he'll eventually blame Jim Beam, Jack Daniels and Southern Comfort for being so darn tasty. :beer:

[mrcheerful]

5. The signs of the repigs belief system

Everybody is responsible for their actions no matter what their mental state is, after all mental illness is just an excuse to get out of paying the dues of your crime/s. Take bi polar disorder as an example. Those who suffer from it can't discern right from wrong, either they are all right or they are all wrong. When a bi polar is in a manic state, he is infallible and can do nothing wrong. When he slips into depression he can do no right. So how is that person able to know what he did was wrong? There is no middle ground for these people, its either one or the other. I remember times when I thought it was ok to tell sexists or racists jokes to members of the human race that the joke was showing as less then human and couldn't understand why people were getting angry at me. There are family stories about me going over to peoples houses, starting arguments, getting everybody up set, being told to leave and stay away for a few days, which always baffled me because I didn't do anything wrong to make them upset. Then 3 or 4 hours later I'd show up, denied that I had ever been there that day, then to smooth things over I'd admit to what they said I did and then make amends for getting everyone up set. Now when a person is dealing with that situation, how are they capable of understanding right from wrong?

[Up2Late]

7. I hope things are going better for you now, my brother is Bi-polar...

...so I seen a lot of what you speak of, dealing with his illness has alway been difficult on my family.

Sadly, it looks like my niece has it to, and my sister, who has her own problems with anxiety and doesn't like taking or giving her kids medication, is having trouble coping with this too.

[mrcheerful]

8. Yes from my dealing with it

I have found out that it is a genetic disorder. Out of all of my family we have a large number of bi polars on my moms side of the family. Funny thing is, when I turned 45 I no longer needed the meds to balance my mood swings. My doctor said the disorder went into remission.

[ima_sinnic]

6. as the spouse of a paranoid schizophrenic, my heart goes out

to this guy.

Mental illness is severely misunderstood in this society, probably worldwide.

[Up2Late]

9. kick n/t

:kick: